Lord Callanan: My Lords, Amendments 107 and 108 in my name aim to clarify the scope and application of the professional qualification clauses of the Bill. Amendment 107adds patent attorneys and trademark attorneysto the list of legal professions excluded from the application of the automatic recognition principle inClause 22.As well as work related to trademarks and patents, trademark and patent attorneys may carry out broader regulated legal activities which require anunderstanding of the underpinning legal system in the part of the UK in which they practise.Accordingly, wearebringing them into line with the other legal professionsto ensure that they are not caught by the automaticrecognition provisions of the Bill. These exclusions ensure that access to these professions is not affected in any waybythe recognition provisions of the Bill.Part 3 will not affect how these professionsareregulated, nor will it change what activities trademark and patent attorneys are able to perform.
Amendment 107A has been tabled by the noble Baroness, Lady Bowles, in response to this government amendment and seeks to probe the effects of the amendment in respect of authorised reserved legal activities under the Legal Services Act 2007. In respect of this amendment, amendment is therefore unnecessary.
Amendment 108 is a technical amendment to provide clarity on the type of qualifications and experience requirements to which Clause 22 applies. It ensures that where qualification requirements are attached to specific activities, those requirements are disapplied by automatic recognition only if they apply to activities that are essential to the practice of the profession in question—in other words, if they amount to a barrier to access to the profession as a whole. This will ensure that Clause 22 does not apply to qualifications or experience requirements for activities which are not essential to the practice of the profession, such as optional service activities which professionals may choose to offer.
I recommend that government Amendments 107 and 108 be accepted, as they provide clarity on the scope and application of automatic recognition principles. I regret, however, that I am unable to support Amendment 107A, for the reasons I gave earlier. I hope that the noble Baroness will feel able not to press her amendment. I beg to move.